[BwanaNdege]

Congress and/or the States need to rein in the Supreme Court and consign the current implementation of Marbury v. Madison to the “Scrapheap of History” along side the Dred Scott decision.

That is the “disease”. The problems with individual justices are merely symptoms.

The disease has remained unchallenged because Congress and State legislatures are populated with lawyers, not citizens. They bow to the Supremes like Obama bowed to the Saudi king... it is their religion.

[lentulusgracchus]

That's a pretty well-argued point; I've heard it said before that we really do need to go back that far, to stop the rot and start injecting good filler material into the voids left behind.

Personally, I'm not sure, being insufficiently taught in con law; but I'd certainly listen if anyone cared to make the argument (in a room that was not being Delphi'd by the 'Rats, the New World Order, and the Bilderbergers; but I repeat myself).

[lentulusgracchus]

Congress and/or the States need to rein in the Supreme Court and consign the current implementation of Marbury v. Madison to the "Scrapheap of History" along side the Dred Scott decision.

Concurring bump.

I've read (sometimes in here) that Congress has the power to set the Judiciary's scope and remove subjects from their purview. I can see where that would help, but I'm not sure what it would do for e.g. resuscitating the state of American law pre-Roe vs. Wade, or pre-Lawrence, pre-Citizens United (which needs to reconsider the legal status of artificial persons i.e. corporations and NGO's), and so on.

It would probably take a constitutional amendment to reverse a lot of the recent, abusive decisions.